breach of trust

breach of trust

n. 1) any act which is in violation of the duties or a trustee or of the terms of a trust. Such a breach need not be intentional or with malice, but can be due to negligence. 2) breaking a promise or confidence. (See: breach)

breach of trust

a failure by a trustee to discharge the duties imposed on him by the terms of the trust or by the general law in relation to the trust property or the beneficiaries.

BREACH OF TRUST. The willful misappropriation, by a trustee, of a thing which
had been lawfully delivered to him in confidence.
2. The distinction between larceny and a breach of trust is to be found
chiefly in the terms or way in which the thing was taken originally into the
party's possession; and the rule seems to be, that whenever the article is
obtained upon a fair contract, not for a mere temporary purpose, or by one
who is in the. employment of the deliverer, then the subsequent
misappropriation is to be considered as an act of breach of trust. This rule
is, however, subject to many nice distinctions. 15 S. & R. 93, 97. It has
been adjudged that when the owner of goods parts with the possession for a
particular purpose, and the person who receives them avowedly for that
purpose, has at the time a fraudulent intention to make use of the
possession as the weans of converting the goods to his own use, and does so
convert them, it is larceny; but if the owner part with the property,
although fraudulent means have been used to obtain it, the, act of
conversion is not larceny. Id. Alis. Princ. c. 12, p. 354.
3. In the Year Book, 21 H. VII. 14, the distinction is thus stated:
Pigot. If I deliver a jewel or money to my servant to keep, and he flees or
goes from me with the jewel, is it felony ? Cutler said, Yes : for so long
as he is with me or in my house, that which I have delivered to him is
adjudged to be in my possession; as my butler, who has my plate in keeping,
if he flees with it, it is felony. Same law; if he who keeps my horse goes
away with, him: The reason is, they are always in my possession. But if I
deliver a horse to my servant to ride to market or the fair and he flee with
him, it is no felony; for e comes lawfully to the possession of the horse by
delivery. And so it is, if I give him a jewel to carry to London, or to pay
one, or to buy a thing, and he flee with it, it is not felony : for it is
out of my possession, and he comes lawfully to it. Pigot. It can well be:
for the master in these cases has an action against him, viz., Detinue, or
Account. See this point fully discussed in Stamf. P. C. lib. 1; Larceny, c.
15, p. 25. Also, 13 Ed. IV. fo. 9; 52 H. III. 7; 21 H. VII. 15.

The accused allegedly committed criminal breach of trust by stealing currency notes from GPO Rawalpindi during official duty and replaced 8 Fake currency notes of one thousand each denomination with original ones.

They are accused of colluding with former National Security Adviser Sambo Dasuki, who also served under Jonathan and was charged with money laundering and criminal breach of trust last month, to divert the funds.

Under that amendment, a trustee can use trust funds to pay legal fees incurred in defending a breach of trust litigation without prior court approval so long as the trustee first provides notice of his or her intent to do so.

A JUNIOR doctor who committed a breach of trust of the "greatest possible magnitude" when he sexually assaulted and secretly photographed female patients during examinations has had an extra year added to his jail sentence by Court of Appeal judges.

Lord Justice Fulford described Ahmed's behaviour as "appalling" and expressed agreement with the description of the offending given in court as involving a breach of trust of the greatest possible magnitude.

Although the preacher's lawyer Patrick Lyttle had urged the judge not to jail him, Judge Kerr yesterday said that given the ages of his multiple victims and the breach of trust element, "this case requires an immediate custodial sentence".

The three men were among nine members, either present or past councillors or band trustees, to originally face 47 charges of theft, fraud and breach of trust relating to misspending of Treaty Land Entitlement funds back in 2004.

All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional.